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Showing posts with label Japan. Show all posts
Showing posts with label Japan. Show all posts

Wednesday, June 3, 2020

City in Japan Proposes Broad "Distracted Walking" Ordinance

The Independent reports:

Politicians in Yamato, about 25 miles southwest of Tokyo, have put forward a bill that could make it illegal for people to gaze at their devices while walking. 
The bill was submitted to the city’s assembly on 1 June. If passed, the law would come into effect from 1 July.

Officials said that people were unlikely to be punished for flouting the proposed new measures. 
Instead, the law has been designed to keep pedestrians safe when crossing roads, officials added. 
People are being encouraged to use their devices while standing in a spot where they are unlikely to pose a hindrance to others passing by.
The Daily Mail reports on the ordinance as well, claiming that city politicians "allegedly claim there has been an increase in injuries among people walking while distracted by their phones," and that this ordinance, if passed, would be the first such restriction on phone use while walking in Japan.

Both outlets cite various statistics regarding injuries resulting from distracted walking. The Independent cites a study by a Japanese telecom firm which simulated what would happen if 1,500 people crossed the Shibuya pedestrian crossing in Tokyo if all were looking at their smartphones--noting that there would be: "446 collisions, with 103 people getting knocked down while 21 others dropped their phones." The Independent and Daily Mail also refer to this study authored by researchers at the University of Calgary, which reviewed 14 studies and found that mobile phone conversation and text messaging increased rates of hits and close calls in intersections--with texting having a greater impact and resulting in decreased rates of looking left and right prior to crossing the street.

Because I cannot find a full text version of the cited University of Calgary study, it is difficult to evaluate--although the authors note that "a variety of study quality issues limit the interpretation and generalisation of the results." As for the telecom firm simulation, its assumption that absolutely everyone in the intersection would be on their phone is somewhat extreme. Indeed, researchers working for the city observed far lower rates of cell phone use, reporting a 12 percent user rate after observing 6,000 people at two "stations" in Yamato.

This proposed ordinance would be far broader than ordinances in US cities such as Honolulu, Hawaii, and Montclair, California. While those ordinances apply to cell phone use while crossing a street, the proposed Yamato ordinance would apply to "city streets and sidewalks as well as 'shared public spaces' such as plazas outside train stations." While the impact of the statute is offset by its lack of a punishment provision, its application to pedestrians who are not crossing streets is the first such ban of which I am aware.

I generally oppose bans on "distracted walking," as they tend to be based on studies and statistics that are uncertain at best, and because they criminalize common behaviors, which invites selective enforcement of the law. Yamato's ordinance is even broader, as it targets pedestrians both on and off the street. Additionally, the ordinance appears to have little basis in evidence, as most studies warning of potential injuries from pedestrian cell phone use stem from use of phones while crossing the street. Here's hoping that the ordinance fails, as it otherwise may serve as a model for other cities, states, and countries eager to implement their own bans.

Wednesday, May 14, 2014

Japanese Prime Minister to Reinterpret Constitution to Avoid Amendment Process

Steven Schwinn at Constitutional Law Prof. Blog has an interesting post on how Japanese Prime Minister, Shinzo Abe, hopes to change Article 9 of the Japanese Constitution. Schwinn writes:

Japanese Prime Minister Shinzo Abe plans to change Japan's pacifist constitution--not by amending it, but by reinterpreting it. 
Abe is expected to announce a plan to amend several laws that would allow the Japanese Self-Defense Forces to engage in collective self-defense, that is, military defense of allied countries even when Japan is not directly threatened. This will mark a shift in the role of Japan's military overseas, which is currently limited to non-combat peacekeeping duties under Article 9 of the Constitution.
Article 9 renounces war as a right of the sovereign and bars Japan from maintaining armed forces and using military force to further its objectives. The Christian Science Monitor has more on this story, writing:

Abe's target is Article 9 of the 1947 Constitution – drawn up by US occupation forces after World War II – which renounces Japan’s right to wage war as a means of settling international disputes. It says that "land, sea and air forces, as well as other war potential, will never be maintained.” 
Successive administrations have interpreted the clause to facilitate the build-up of a well-equipped military, yet one with a strictly defensive posture. 
. . . 
“Abe is basically looking for the easiest way to change the Constitution,” says Koichi Nakano, a political science professor at Sophia University in Tokyo.
I am no expert in Japanese constitutional law, but the Christian Science Monitor goes on to quote Jiro Yamaguchi, a political scientist, who notes that there are "no institutional barriers to the cabinet changing its interpretation of the Constitution," so it seems that Abe's push for interpretation may end up succeeding absent any intervention from Parliament. Looking to the text of Article 9, it looks like this would not be the first reinterpretation of this part of the constitution, which, if read literally, would prohibit an army, navy, and air force.